Vankadaru Rukmangadha Chandra Sekhar, v. Vankadaru Sakunthala , Radhika,

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.9573 OF 2017 ORDER:

Heard learned counsel for the petitioners and learned Public Prosecutor, representing 2nd respondent - State, before ordering notice to 1st respondent and perused the grounds in the quash petition.

2.

As held by this Court in Gaddameedi Nagamani Vs. State of Telangana and others1, there is an appeal remedy under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (herein after, 'the Act'), including to impugn the cognizance order and hence, this petition is disposed of, giving liberty to the petitioners to approach the learned Sessions Judge by maintaining appeal, within one week from the date of receipt of this order and on such event, the learned Sessions Judge, without referring to period of limitation, shall entertain. Needless to say, the petitioners remedy if at all to represent one by the others before the learned Magistrate is to invoke Rule 37 of the Criminal Rules of Practice, to pass appropriate order therefrom by considering the same.

3.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

______________________________ DR.B.SIVA SANKARA RAO, J 12.10.2017 SS 1 2015 (2) ALD (Crl) 764